In 2000, Congress enacted the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). Under this act, victims of serious crimes may remain in the United States to cooperate with law enforcement officials who prosecute perpetrators of criminal activity. Those who have been a victim of a qualifying serious crime and who have suffered mental or physical abuse and who cooperate with law enforcement officials are able to apply for a “U” visa which is a temporary, 4 year visa that leads to permanent residence (green card) and citizenship. The U-Visa is different than the T-Visa. Please see our page on the T-Visa for more information.
My Contra Costa County practice helps individuals seek temporary protection with a U-Visa. Speak with me to understand your options. If you believe you are the victim of a qualifying, serious crime and live in Contra Costa County, including Concord, Antioch, and the Bay Area, call (415) 527-5886.
Do I qualify for a U-Visa?
In order to qualify for a “U” visa, you must have been the victim of a qualifying serious crime. This crime must have occurred in the United States. You may also qualify is you were the indirect victim or a bystander of a qualifying serious crime. For example, if you suffered indirectly as a result of a crime perpetrated against your child, you may be eligible for a U-Visa.
Unlike the T-Visa, you do not need to be physically present in the United States to qualify for a U-Visa. As long as you were a victim of a qualifying serious crime in the United States, you may apply for a “U” visa.
Next, you must have suffered mental or physical abuse as a result of that qualifying serious crime. This abuse can be demonstrated by medical records, psychological evaluations, and statements submitted along with your application.
Lastly, you must have information about this crime and you must help or be willing to help law enforcement officials investigating or prosecuting the crime.
What is a serious crime?
Qualifying serious crimes include, but are not limited to:
| Abduction | Felonious Assault | Murder | Slave Trade |
|---|---|---|---|
| Abusive Sexual Contact | Fraud in Foreign Labor Contracting | Obstruction of Justice | Sexual Exploitation |
| Blackmail | Hostage | Peonage | Slave Trade |
| Domestic Violence | Incest | Perjury | Stalking |
| Extortion | Involuntary Servitude | Prostitution | Torture |
| False Imprisonment | Kidnapping | Rape | Trafficking |
| Female Genital Mutilation | Manslaughter | Sexual Assault | Unlawful Criminal Restraint |
Additional related crimes may also be qualifying serious crimes. It is important to discuss any potential crimes with an immigration attorney in order to determine your eligibility. Furthermore, attempt, conspiracy or solicitation to commit any of the above listed crimes is also a qualifying serious crime. Note that Immigration Services restricts the amount of annual U-Visa’s to 10,000, but “the limit does not apply to spouses, children, parents, and unmarried siblings who are accompanying or following to join the principal alien victim.”
What if I am inadmissible?
If you are inadmissible (see our page on inadmissibility and extreme hardship for more information), you may easily apply for a waiver with your “U” visa application. It is important to discuss inadmissibility issues and waivers with an attorney.
What about my family?
Principal “U” visa applicants may also apply to include their spouse and children under the age of 21, or if you are under the age of 21 you may apply to include your spouse, children, parents and unmarried siblings under age 18.
Your Contra Costa County and Concord U-Visa Lawyer
Many immigrants do not report abuse, for fear of being detained and deported (link). I provide representation for individuals and their families in the Bay Area, Antioch, Concord, and beyond.
More and more, it is important to know your rights. You have options. Victims of violence, including shootings, assault, and robbery, may have the opportunity to attain a U-Visa. Contact me at my Concord office and we can discuss your case.
